Move to Canada with Canadian spouse, then do PR application while living there

[user55555]

Hi all. I could not find an answer to my question after quite a bit of searching, so I'm hoping someone can help. Here is my situation:

- I am a US citizen
- My spouse was born in Canada and is a dual Canada-US citizen
- We have been married for 8 years
- We currently live in the US (about 3 hours from the border in NY state)
- We want to buy property and move to Canada together and apply for my permanent residency while living there together (which I believe is called an "inland" application)

Given the above, can we enter Canada with our stated intention as "moving" or will we be turned away at the border? If we are turned away, what do we need to do to ensure that does not happen? Is there a visa I need to obtain first? We do not want to remain in the US during the application process and we also do not want to be split up. What are our options?

 

[canadausa#11]

Firstly, applying inland would be a bad idea. 4-5 months to get a work permit but almost 2 years for the whole PR process. Outland for an American spouse and you're looking at 4-8 months likely for the whole thing. You can apply outland while in Canada.

Someone with more expertise will have to comment, but I imagine going to the border with no application in process and telling the border officers you are intending to effectively move to Canada would not go well. Theres no visa to apply for as an American, you go to the border and they can choose how long to let you into Canada effectively, usually most people get the 6 months.


Obviously I'm not sure of your guys personal reasons to not want to start the process while in the states, or to wait the 6 or so months out while in the States but that really would be the easiest way to get things started.

 

[Ponga]

As an American, you're better off applying for sponsorship via an Outland application as soon as you're ready to do so, because it's substantially faster (~ 6-8 months, versus 2-1/2 years). You can apply now, or wait until you come to Canada, but...there's really no reason to wait. Contrary to what some applicants think, even a person that is already in Canada (or plans to visit Canada while they wait for processing to be completed) can submit an Outland application.


You can come to Canada as a visitor, but you cannot (and must not) elude to moving to Canada yet.

 

[user55555]

We can certainly start the application while in the US, we just don't wish to remain while it's in process. Once we buy property in Canada we want to live in it and not have it sit empty.

I'm still confused about how we will cross the border with a moving truck and a car. Does my Canadian spouse have to do this alone or can we do it together? If together, do I state that I am helping to move and visiting only? Or if I already started my application in the US, is that sufficient for letting me enter?

What about the recent statement by McCallum about spouses of Canadians getting PR immediately upon arrival? Is this something we should wait for or would our application be grandfathered into this?

 

[Ponga]

We can certainly start the application while in the US, we just don't wish to remain while it's in process. Once we buy property in Canada we want to live in it and not have it sit empty.

I'm still confused about how we will cross the border with a moving truck and a car. Does my Canadian spouse have to do this alone or can we do it together? If together, do I state that I am helping to move and visiting only? Or if I already started my application in the US, is that sufficient for letting me enter?

What about the recent statement by McCallum about spouses of Canadians getting PR immediately upon arrival? Is this something we should wait for or would our application be grandfathered into this?

You cannot cross the border with a moving truck containing your stuff. Your spouse can, but you cannot because you are not authorized to move/live in Canada. You will likely be able to enter Canada as a visitor, but not if you're in a moving truck (or in a car behind the truck).


Oh...and the `Immediate PR' is not as it appears, so don't expect that to be of any help for you.

 

[canadausa#11]

What about the recent statement by McCallum about spouses of Canadians getting PR immediately upon arrival? Is this something we should wait for or would our application be grandfathered into this?

His quote is misleading. Immediate PR for spouses will not be happening anytime soon. What he was referring to was the removal of conditional PR conditions.

And yes, going up to the border will a lot of your worldly possessions, obviously indicating you are moving to Canada will raise a lot of suspicions with CBSA guards. Theres no real fool proof way of doing it when you're trying to move to Canada as a visitor and wait out your PR. Some of the common suggestions are that you strong proof to your home country, return tickets, aren't trying to bring in a lot of possessions that show you are intending on staying and it's not just a visit etc. Having a application in process does seem to help but again its not a guarantee of entry, so much depends on the CBSA on the day.

If I were you, I would not be going to the border with a moving truck etc. You will get grilled.

 

[Ponga]

How soon do you realistically plan to `move' to Canada? If it's at least 6 months from now, submit an Outland application ASAP. If you get your PR approved before you really need to move, things will be much easier for you at the border.

 

[canadausa#11]

How soon do you realistically plan to `move' to Canada? If it's at least 6 months from now, submit an Outland application ASAP. If you get your PR approved before you really need to move, things will be much easier for you at the border.

This is probably the most important thing. You're talking about buying a property and moving into it but I imagine that is going to take some time to do. So get your application sent off asap and by the time you are ready to come to Canada the application will be well under way or even completed.

 

[ryannull]

As an American, you're better off applying for sponsorship via an Outland application as soon as you're ready to do so, because it's substantially faster (~ 6-8 months, versus 2-1/2 years). You can apply now, or wait until you come to Canada, but...there's really no reason to wait. Contrary to what some applicants think, even a person that is already in Canada (or plans to visit Canada while they wait for processing to be completed) can submit an Outland application.


You can come to Canada as a visitor, but you cannot (and must not) elude to moving to Canada yet.

Not all outland applications are done that fast. It has been 2 years this month and we filed outland with no issues, so far. No idea how much longer, maybe another few months.

 

[canadausa#11]

Not all outland applications are done that fast. It has been 2 years this month and we filed outland with no issues, so far. No idea how much longer, maybe another few months.

Unfortunately for you, you are in the very very small minority through the Ottawa office. Have you had you MP check for you or been getting answers yourself from someone as it is past the website stated processing time? I haven't seen anyone else take over a year through the Ottawa office in the last 1-2 years on here.

 

[Ponga]

Not all outland applications are done that fast. It has been 2 years this month and we filed outland with no issues, so far. No idea how much longer, maybe another few months.

True, but the vast majority of American citizens' applications are quite fast because they are processed in Ottawa. Only those with potential red flags are processed in one of the U.S. visa offices, which does take a lot longer.

Unfortunately, it looks like you're not as fortunate. Hopefully, your journey is almost over.

 

[user55555]

Our timing is flexible but there is really nothing holding us back from moving once we find a house in Canada. Most likely within the next year.

Where are you guys seeing 4-8 months? I checked the processing times at the CIC website and it shows 17 months for 'Sponsoring a family member' - 'Spouse or common-law partner living outside Canada'.

 

[Ponga]

Because it's true.

The 17 months that is posted, reflects the time that it took CIC to process 80% of the applications, but the majority of applicants complete the process much faster.

Have a look at this thread:
http://www.canadavisa.com/canada-immigration-discussion-board/us-outland-applicants-thread-t106068.6060.html

You'll find a spreadsheet there that will verify what I'm telling you. You do NOT want to submit an Inland application from within Canada; trust me!

 

[keesio]

Where are you guys seeing 4-8 months? I checked the processing times at the CIC website and it shows 17 months for 'Sponsoring a family member' - 'Spouse or common-law partner living outside Canada'.

one of the most misleading stats posted by CIC is the generic 17 months outland stat. Not all regions are treated equal in regards to timelines. US outland is on the "fast" end of that timeline.